INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioner's Recommendation IR10160/02/LM.
2. The worker concerned commenced employment with the Company on the 13th of December, 1999, as a General Operative. In December, 2001, she was involved in an incident and as a result she was dismissed. Following a Rights Commissioner hearing she returned to work on the 17th of June, 2002, to a different part of the plant at the Grade B rate of pay.
The Union on her behalf states that she should have returned to the "acting up" position at the Grade A rate of pay which she was doing prior to the incident.
The issue was referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 15th of April, 2003. She concluded that the claimant has no entitlement to a temporary acting up position which she occasionally carried out. Her substantive position was at Rate B remuneration. She recommended that the Company's position is upheld and the claim fails.
The Union appealed the recommendation to the Labour Court on the 21st of May,
2003, in accordance with Section 13 (9) of the Industrial Relations Act, 1969. A Labour
Court hearing took place on the 5th of August, 2003, the earliest date suitable to the
3. 1. The worker concerned worked at the Grade A rate for eleven weeks leading up to the suspension.
2. The worker concerned has been victimised and treated unfairly as a result of this incident and would have continued to work at the Grade A rate if the incident had not occurred.
3. She should be returned to the position of acting up at Rate A remuneration which she was doing prior to her suspension.
4. 1. The worker concerned was employed in an "acting up" capacity for the purposes of covering maternity leave and sick leave and therefore, received Grade A rate of pay.
2. It was a temporary arrangement and the worker concerned was returned to her normal Grade B rate when the temporary need ceased.
3. The Company acted in a fair, reasonable and transparent manner in dealing with the issue.
The Court has considered the Union's appeal of the Rights Commissioner's recommendation and can find no grounds to overturn the recommendation. Accordingly, the Court upholds the Rights Commissioner's recommendation and rejects the Union's appeal.
The Court so decides.
Signed on behalf of the Labour Court
15th August, 2003______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.